PRIOR HISTORY: [**1] The plaintiff, on the 29th day of November, in the year 1786, entered the following caveat, to-wit:

"Let no grant issue to William Willis, assignee of Lewis Craig, who was assignee of Christopher Hudson, for 100 acres of land, surveyed by virtue of part of a military warrant, No. 248, lying and being in the county of Lincoln, because John Isaacs claims the same, or part thereof, by virtue of an entry made on a pre-emption treasury warrant."

The plaintiff claimed by virtue of the certificate and entries set forth in the last cause.

The defendant, under the following entry, made April 24, 1780, to-wit:

"William Willis, assignee of Lewis Craig, who was assignee of Christopher Hudson, enters 100 acres on the south side of Dick's river, including a large spring, about three-quarters of a mile from Teator's pre-emption, and a north-west course from said Teator's to extend the same course for quantity."

The annexed plat, No. 9, was returned in this cause, of which the following is an explanation:

[*26] BY THE COURT.--The defendant's survey of 100 acres is made contrary to his location, and the land is included within the plaintiff's entry on pre-emption warrant, as amended. An entry on a pre-emption warrant may be amended as any other entry, if the amendment appropriates only land then vacant.